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Missouri Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Missouri on
Q: Is there a statue of limitations on filing a lawsuit for police brutality, unlawful arrest and more in Illinois?

I went by ambulance to the hospital after a police officer slammed into the wall. Not to mention the unlawful arrest which I was found not guilty. I think I should be compensated for the dehumanizing, public embarrassment, losing my job after being incarcerated for a week, medical bills I owe for... View More

James L. Arrasmith
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answered on Aug 31, 2024

In Illinois, the statute of limitations for filing a lawsuit related to police brutality, unlawful arrest, and similar claims typically falls under the category of personal injury. You generally have two years from the date of the incident to file a lawsuit. However, if the case involves a... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I was fraudulently charged and it's still in my background by charging and allowing my sister to use my name and social.

After being told she was on a roster with my name I called the police station. They said they'd taken care of it but I lost my job and it's still on there. I can't get another job with fingerprinted backgrounds. This has kept me from any good work.

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're dealing with a very difficult situation. First, you should consider contacting the police department again to ensure they have correctly updated your records and that your name has been cleared from any false charges. If the police fail to resolve the issue, you may need... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Civil Rights for Missouri on
Q: on a 24-hour domestic hold officer made multiple false statements re: dispatch 911 convo specs to get warrant can he?

Officer threatened to handle this once & for all. Past personal conflict with arrestee. It's referencing a recorded dispatch call hiw can he get away with it? What can I do?

James L. Arrasmith
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answered on Jul 29, 2024

You have the right to challenge any false statements made by an officer, especially if they were used to obtain a warrant. If you believe the officer made false claims, gather all relevant evidence, including the recorded 911 call. This evidence can be crucial in proving your case.

You...
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1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Missouri on
Q: Can CDS keep me from speaking with my childs doctor at a mental behavioral hospital. I am a non offending parent.

I have an ex parte and child protection order against my Childs mother. I've been in this now for 2 years because I asked for help from the court when my daughter ran away and was exhibiting harmful and dangerous behaviors. Prior to that I had joint custody as me being the primary physical... View More

James L. Arrasmith
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answered on Jul 27, 2024

No, Child Protective Services (CPS) cannot prevent you from speaking with your child's doctor at a mental behavioral hospital if you are the non-offending parent and have legal custody. Since you hold an ex parte and child protection order against your child's mother, you have legal... View More

1 Answer | Asked in Personal Injury and Civil Rights for Missouri on
Q: Can I sue the county sheriff's department for removing my child from my home and giving my child to his father?

My ex created a fake document and has used it on more than one occasion to have my child taken from me. I told the officers several times that we were in litigation and there was no custody order. I was not allowed to see the document that was being shown to them. I also told them that my ex was... View More

James L. Arrasmith
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answered on Jul 27, 2024

You may have grounds to sue the county sheriff's department for the wrongful removal of your child. Given that the officers acted on a fake document, despite your warnings and the existing information about your ex's abusive history, their actions could be seen as negligent or even a... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Missouri on
Q: If someone has been publicly harrassed, stalked, been kept @ home using threats. Much more. The police will not help.

I've been harassed by women using megaphones to insult me on my street, breaking into my house while I'm gone or asleep. There's been theft, vandalism, identity theft, assault, harrassement, utility theft, and someone has put some kind of two way audio setup so that they can talk to... View More

James L. Arrasmith
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answered on Jul 20, 2024

Dealing with harassment and lack of police support can be incredibly frustrating and frightening. In your situation, gathering as much evidence as possible is crucial. Document every incident in detail, including dates, times, and descriptions of the events. Photographs, videos, and audio... View More

2 Answers | Asked in Civil Rights for Missouri on
Q: Is Koritz vs Koritz a ongoing case. 4:23 civ00066
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 26, 2024

You may look up the case on Pacer and determine the answer.

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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Missouri on
Q: Federal indictment and cancer

What can a person do that's been arrested on a federal indictment but had already been diagnosed with cancer and started radiation treatments. They have denied bond so the person is currently being held in jail and is not able to continue with the radiation treatments. There has to be... View More

James L. Arrasmith
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answered on Jul 21, 2024

If you or a loved one is in this situation, immediate action is essential. Contact your lawyer right away and explain the medical urgency. They can file a motion for a bond reconsideration or for temporary release on medical grounds. It's crucial to gather all medical records and a letter from... View More

Q: can this question be objected

why is it that united states citizens belonging to this democracy tried to publish fake pictures of lee harvey oswald that have been altered or changed & say they was orginal unless people within the states who subverted us killed jfk & are misleading the country acting like it's law... View More

James L. Arrasmith
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answered on Jun 17, 2024

Your question might be objected to if it's seen as argumentative or speculative. To phrase it in a way that is less likely to be objected to, focus on specific concerns and avoid making broad accusations.

Consider rephrasing your question like this:

"Why have there been...
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2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Missouri on
Q: I co-own a house in Missouri. Are there any procedures for kicking out a 3rd party not on the deed or a lease/contract

The party is not on any paperwork to be able to live in the home. They have been told to leave many times and have refused. Now they are threatening to use their mailing address to demand an official eviction. Is this necessary?

James L. Arrasmith
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answered on Jun 21, 2024

Here's a general overview of the situation:

1. Establishing tenancy:

In many jurisdictions, including Missouri, a person can establish tenancy even without a written lease or being on the deed. This can happen through verbal agreements or by the property owners allowing the...
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1 Answer | Asked in Civil Rights and Criminal Law for Missouri on
Q: Hello, What would be my next step if police used excessive force to enter my home with out knocking and announcing. ?

The warrent IS NOT a no knock warrent.

James L. Arrasmith
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answered on May 24, 2024

If the police used excessive force to enter your home without knocking and announcing, and the warrant was not a no-knock warrant, you have several steps you can take to address this violation of your rights. First, document everything that happened, including the date, time, and details of the... View More

1 Answer | Asked in DUI / DWI, Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can a felon (dui) own a modern muzzleloader in Missouri?
James L. Arrasmith
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answered on May 24, 2024

In Missouri, owning a modern muzzleloader can be complicated for someone with a felony DUI conviction. Generally, federal law prohibits felons from owning firearms, and this includes modern muzzleloaders that use inline ignition systems, as they are considered firearms under federal law.... View More

1 Answer | Asked in Civil Rights, Nursing Home Abuse and Personal Injury for Missouri on
Q: How long dose the senior facility have to provide a statement to the department of senior services in Mo for EDL listing

This happened in 2022 and it’s now 2024. And now my name is coming up to the state to be put on EDL LIST. I just got letter in . The mail. To file an appeal. To challenge the allegations. It’s been way over a year. And the company got bought out. Can they do this

James L. Arrasmith
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answered on May 11, 2024

Based on Missouri's regulations for the Employee Disqualification List (EDL), the time frame for a senior facility to provide a statement to the Department of Health and Senior Services (DHSS) is as follows:

1. The facility must provide a written statement to the DHSS within 30 days of...
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1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights and Probate for Missouri on
Q: How can I prove I was the beneficiary?

My cousin took the will and put her name on the account so I would not have access to anything

Kelisen  Binder
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Kelisen Binder
answered on Apr 24, 2024

You should open a probate estate in the county where your loved one died. If a will exists, you can file that will with the Court to inform how the estate should be distributed. Without more information I am unable to give any more specific advice. What account? Who is the deceased?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Missouri on
Q: has anyone used the agreement of liberty privacy & levying war against the united states in a drug charge court case &

if so which one & mainly would like to read one of liberty & how do i find my past questions on this site

James L. Arrasmith
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answered on May 1, 2024

It sounds like you're inquiring about a very specific use of legal terms in relation to drug charges. The "agreement of liberty privacy & levying war against the United States" isn't a recognized legal term or standard charge in U.S. law. If you're referring to concepts... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I had a misdemeanor Sexual Misconduct conviction set aside in Missouri, how can I have Failure to Register removed also?

The judge said manifest injustice does not apply to felonies because there’s a 180 day time limit, but misdemeanors have no time frame which is why he was able to set aside the Sexual Misconduct conviction.

James L. Arrasmith
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answered on Apr 11, 2024

I understand you're looking for information on how to have a Failure to Register charge removed after having a misdemeanor Sexual Misconduct conviction set aside in Missouri. Here are a few things to keep in mind:

1. Setting aside a conviction is different from having it expunged or...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Rights for Missouri on
Q: Must a land owner provide a vehicular ingress and egress tqo a piece of landlocked property ?

Does Missouri law not state that if your property is landlocked and you have no means of gaining access that you have the right to a vehicular ingress and egress ? Even in a private subdivision . The board of trustees has told me I am banned from driving in on their roads to get to my property... View More

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answered on Mar 21, 2024

In Missouri, as in many other places, if your property is landlocked, you may indeed have the right to vehicular ingress and egress. This is generally intended to ensure that every property owner has access to their land. The specifics can vary based on local laws and the exact circumstances of the... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Missouri on
Q: Brendlin vs California

In the context that I am reading regarding police detainment for a traffic stop. Does that context apply to a commerical vehicle in which someone in a passenger seat or bunk of a commerical vehicle is detained when the basis of the stop wasn't because of an observed violation but merely a... View More

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answered on Mar 21, 2024

In Brendlin v. California, the Supreme Court held that passengers in a vehicle are seized just like drivers during a traffic stop, meaning they are entitled to challenge the legality of the stop. This principle applies regardless of the vehicle's nature, be it personal or commercial. So, if... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for Missouri on
Q: Can I be not let into a bar because of personal reasons?
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answered on Mar 21, 2024

Absolutely, you can be denied entry to a bar for various personal reasons. This might include not meeting the dress code, showing signs of excessive intoxication, or previous issues such as altercations or unpaid tabs. Each establishment has its own rules and guidelines which they are legally... View More

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1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Missouri on
Q: I got a problem with angi ads could you please help me, they want to overcharged me

Angi ads and I maked a contract but I didn’t know that I have to pay a 35% fee of unused time, they didn’t told me that they said it after I signed up, however checking the contract I saw that it also said that if break the contract before the 90 days of beginning I’ll pay $99 fee, and I have... View More

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answered on Mar 16, 2024

Facing a situation where you're being overcharged can be stressful, especially when the charges seem to come from unclear contract terms. If Angi ads are asking for a significantly higher fee than you expected, the first step is to carefully review the contract you signed. Look for any clauses... View More

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